Henderson v. Sheriff
| Briene Henderson |
| Sheriff |
| 3:2019cv01084 |
| November 20, 2019 |
| US District Court for the Northern District of Indiana |
| Jon E DeGuilio |
| Michael G Gotsch |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 |
| None |
Docket Report
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| Document Text |
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| Filing 17 Plaintiff's Defense Statement. (Attachments: #1 Note, #2 Note, #3 Envelope)(jat) |
Filing 16
ORDER denying #14 Motion for Claim of Relief. Signed by Magistrate Judge Michael G Gotsch, Sr on 1/3/20. (Copy mailed to pro se party)(kjp)
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Filing 15
ORDER: The court GRANTS the defendant until 2/20/2020, to file a summary judgment motion on based on the exhaustion of administrative remedies, CAUTIONS the defendant this affirmative defense will be waived if it is not raised in a summary judgment motion by the deadline, STAYS all discovery pending the resolution of the summary judgment motion, and REMINDS the defendant Local Rule 56-1 requires, A party seeking summary judgment against an unrepresented party must serve that party with the notice contained in Appendix C....". Signed by Magistrate Judge Michael G Gotsch, Sr on 1/3/2020. (Copy mailed to pro se party) (shk)
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| Filing 14 MOTION for Claim of Relief by Plaintiff Briene Henderson. (Attachments: #1 Envelope) (rmf) |
| Filing 13 STATUS REPORT by Sheriff. (Friedman, Shaw) |
| Filing 12 ANSWER to DE #1 Complaint by Sheriff . (Friedman, Shaw) Modified on 12/20/2019 to correct docket text (nae). |
| Filing 11 Brief STATUS REPORT by Briene Henderson. (Attachments: #1 exhibit, #2 Envelope)(shk) |
| Filing 10 DISCOVERY Affidavit by Sheriff. (Attachments: #1 Exhibit Medical History, #2 Exhibit Offender Alerts, #3 Exhibit Requests and Grievances 8/13/18-12/2/19, #4 Exhibit All Medical Notes, #5 Exhibit All Medical Notes, #6 Exhibit Inmate Booking Information, #7 Exhibit Inmate Booking Information, #8 Exhibit Inmate Booking Information)(Friedman, Shaw) |
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Filing 8
ORDER granting #7 Motion for Extension of Time to Answer. The LaPorte County Sheriff's answer is due 12/27/2019. The LaPorte County Sheriff is REMINDED the deadline to file an affidavit or declaration (with supporting medical records and reports from medical staff and others as necessary) explaining what increased risks exist for Briene Henderson and what increased precautions are being taken as a result of his having testified against a criminal defendant AND explaining Henderson's mental health status and what treatment he is receiving for his mental health REMAINS 12/09/2019. Pursuant to Fed. R. Civ. P. 16(b)(1)(B) and N.D. Ind. L.R. 16-1(b), defense counsel and the unrepresented plaintiff are ORDERED to separately prepare and file brief status reports by 12/27/2019. Signed by Magistrate Judge Michael G Gotsch, Sr on 12/04/2019. (Copy mailed to pro se party) (jat)
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| Filing 7 MOTION for Extension of Time to File Answer to Plainitff's Complaint by Defendant Sheriff. (Friedman, Shaw) |
| Filing 6 NOTICE of Appearance by Shaw R Friedman on behalf of Sheriff (Friedman, Shaw) |
| Filing 9 SUMMONS Returned Executed by Briene Henderson. LaPorte County Sheriff served 11/27/2019, answer due 12/27/2019 (per #8 ) (jld) |
| Filing 5 Summons Issued as to LaPorte County Sheriff. NOTE:The attached document is accessible by court personnel only. (Attachments: #1 USM 285 Form)(shk) |
| Filing 4 NOTICE of a Lawsuit and Request to Waive Service of Summons sent to LaPorte County Sheriff. (Copy faxed and mailed to LaPorte County Sheriff as directed in Order) Waiver of Service due by 12/26/2019. (Attachments: #1 Complaint, #2 Opinion and Order) (shk) |
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Filing 3
OPINION AND ORDER: The Court GRANTS Briene Henderson leave to proceed against the LaPorte County Sheriff in his official capacity for injunctive relief as set forth in this order. DISMISSES all other claims, DIRECTS the clerk to fax or email a copy of this order to the LaPorte County Sheriff along with a copy of the complaint #1 , Notice of Lawsuit and Waiver of Service. DIRECTS the United States Marshals Service to PERSONALLY SERVE the LaPorte County Sheriff by 12/3/2019, with a copy of this order and the complaint #1 as required if the LaPorte County Sheriff has not waived service. ORDERS pursuant the LaPorte County Sheriff to file an affidavit or declaration as stated in this order by 12/9/2019, and ORDERS the LaPorte County Sheriff to respond, only to the two injunctive relief claims for which the plaintiff has been granted leave to proceed in this screening order. Signed by Judge Jon E DeGuilio on 11/26/2019. (Copy of Order and Complaint faxed and mailed to LaPorte County Sheriff)(shk)
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Filing 2
ORDER: The Court GRANTS the plaintiff, Briene Henderson, leave to proceed in forma pauperis, WAIVES the initial partial filing fee, ORDERS the plaintiff to pay to the clerk 20% of the money received for each calendar month during which $10.00 or more is received, until the $350.00 filing fee is paid in full, DIRECTS the clerk to create a ledger for receipt of these funds, and DIRECTS the clerk to send a copy of this order to each facility where the plaintiff is housed until the filing fee has been paid in full. Signed by Judge Jon E DeGuilio on 11/26/2019. (Copy mailed as directed in Order)(shk)
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| Set Deadlines: The LaPorte County Sheriff to file an affidavit or declaration (with supporting medical records and reports from medical staff and others as necessary) by 12/9/2019. (shk) |
| Filing 1 PRO SE COMPLAINT against Sheriff for injunctive relief, filed by Briene Henderson. (Attachments: #1 Exhibits) (Copy of complaint with case number sent to Pltf)(jld) |
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| Plaintiff: Briene Henderson | |
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| Defendant: Sheriff | |
| Represented By: | Shaw R Friedman |
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